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I'm at the court stage of my claim, it has just been transferred to my local court from MCOL I've already amended my particulars of claim (off my own back as there was not enough information) which cost me £35, but I've just realised the spreadsheet figures that i have just sent to cobbetts are not the same on my N1 form.
My original claim was for £1814 (which i sent to court) but i wanted to present the figures nicely by using the spreadsheets (which i should have done in the first place !!) and the total has come back at £1669.43 which means I've over charged them by £45, although the court have not got this figure yet !! Cobbetts have (I'm so stupid)
I want to know if i should just wait and see the response off cobbetts first, or pay another £35 to amend it. I just don't want cobbetts to be able to strike it out on this mistake without giving me notice to amend it I've been looking on the forum to see if anyone else has done the same, but can't find anything. Hope you can help.
Personally, I'd be inclined to wait. Cobbetts will go over your claim with a fine tooth comb....... they won't pay out a penny more on behalf of their client than is necessary. Phone the court for confirmation - they may advise you to do another amendment. If they don't - don't worry. If they do - just submit another amendment and ensure that all details are correct this time.
Thanks for your advice, I'm just not sure if Cobbetts can apply for a strike out order without letting know of my mistake first.
What i don't get is that my first figures done on MCOL were for charges of £1142 it automatically put the interest and court costs on and it totalled £1814.28
When i did the figures on the spreadsheet the charges came to £1154 and with the interest it totalled £1669.43, so even though the second figure was higher the total is lower (Nothing is straight forward for me)
I hope the court will let me amend this if need be
I'm just getting in a bit of a panic as to the above, I've spoken to the court about making a mistake on my figures, the guy told me to wait and see if Cobbetts recognise it, and if so i would have to fill in a N244 form, but I'm just wondering how to fill it in as it's an amendment for the figures.
I've seen how to fill it in when the POC is lacking in information, but just not seen how to fill it in when your changing the amount, I want to be prepared as i know Cobbetts will see the mistake
It's part A.....intend to apply for an order ??
Because ...????
and does this have to be amended in RED? any help would be much appreciated
Hi
I've just recieved Notice of Allocation to the small claims Track(Hearing)
but im not to sure what to do next, this is the letter i've been sent
IT IS ORDERD THAT
The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application
Following the grant of an application without hearing.
This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence filed in support within 7 days for service of the order.
Any party affected by the order may within 7 days of being served with the order apply to court to set aside or vary the order under CPR 23.10
DISTRICT JUDGE SIMPSON has considered the statements of case allocation questionnaires filed and allocated the claim to the small claims track.
The court must be informed immediately if the case is settled by agreement before the hearing date.
by 24 August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevent documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.
In default of compliance by the defendant the defence is struck out on 28 August 2007
Following making an order of courts own initiative
This order is made by the court of its own initiative. Any party affected by this order may apply pursuant to CPR 3.3(5)
To have it set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR 23 and must be made not more than 7 days after the date on which this order is served.
sorry for writing the whole letter but there is just a few things im not sure about
1, Do i have to attend the hearing,
2, Do i have to let the court know either way, i don't even know what time the hearing is
3, Do i need to send the court anything before this hearing, cobbetts have the amendment i made at the time.
just a bit confused as to what to do next really
I would appreciate any advice please is what im feeling at the moment
The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application
Following the grant of an application without hearing.
You're being given the opportunity to ensure your claim is completely accurate by filing an amendment. What is the 'draft' that's mentioned? Is it your amended schedule of charges?
Originally Posted by divagirl
This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence filed in support within 7 days for service of the order.
Judge has looked at your claim and Cobbetts defence without calling an actual hearing. If you amend your claim, you need to serve the amendment to the court and Cobbets within 7 days.
Originally Posted by divagirl
Any party affected by the order may within 7 days of being served with the order apply to court to set aside or vary the order under CPR 23.10
This is highly likely at the moment as you know. It may be worthwhile requesting that a stay is not put on your claim when you submit the amendment - see http://www.consumeractiongroup.co.uk...y-updated.html (template no. 2)
Originally Posted by divagirl
The court must be informed immediately if the case is settled by agreement before the hearing date.
Highly unlikely that Cobbetts will settle at the moment.
Originally Posted by divagirl
by 24 August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevent documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant. In default of compliance by the defendant the defence is struck out on 28 August 2007
Following making an order of courts own initiative
They're not going to file anything - Cobbetts never do! The only thing they'll more than likely file is an application to have your claim stayed - hopefully the Judge will grant your request and tell them no.......... and then strike out their defence.
Originally Posted by divagirl
1, Do i have to attend the hearing,
2, Do i have to let the court know either way, i don't even know what time the hearing is
3, Do i need to send the court anything before this hearing, cobbetts have the amendment i made at the time.
Basically, the Judge is giving you the opportunity to amend your claim so it's completely accurate. I'd advise you to do so. See here for info on how to do this The "Claim Too vague" defence and guide to amending a claim and post back if there's any part that you need further advice on. You'll need to ensure that you send the court and Cobbetts the amendment asap. And phone the court on Monday morning to ask if there's a hearing - but reading what you've posted, it appears that the Judge isn't actually holding one!
Can't find what you're looking for? Please have a look at Michael Browne'sA-Z Guide
I did the amendment on the 4 july as my particulars of claim did not have enough information, i first did my claim on MCOL when cobbetts put in the defence on the lack of particulars i amended them myself on 4 july and sent a copy to cobbetts, that is the only amendment i've made up to now, and this is the first letter i've had off the court since.
although i did make a mistake on the figures, the court told me to wait and see if cobbetts pick up on it, if not leave things as they are as it would have confused the judge. and cobbetts have not told me or court to amend it as yet.
so i think the amendment the court are referring to is the one i made in july and i did send cobbetts the amendment.
Has the court sent back a copy of the amendment that you made? You posted: The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application. What is the draft that's attached?
OK - so it looks as though the court is asking you to file the amendment formally on form N244. Full details of how to do this are on the link I posted above http://www.consumeractiongroup.co.uk...e-defence.html Given the court's directions - I'd advise you to formally amend the claim
so do i still have to apply for a stay not to be put on the claim ??
WHAT DOES THIS MEAN?
Sorry for not having a clue about all this, and thanks for your help
Has the court sent back a copy of the amendment that you made? You posted: The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application. What is the draft that's attached?
No, i took the amendment to court myself with a N244 and N1 form and was just told that the judge will look at it, and at the same time sent the same to cobbetts
Do you think there has been a bit of confusion somewhere, as the court never asked me to amend the POC, i did it off my own back as it DID lack particulars.
Does sound like a bit of a muddle to be honest! Sounds as though you need to give the court a ring first thing Monday morning for clarification - but be ready to serve the amendment if necessary............... again!
Where the stay's concerned, the problem at the moment is that Cobbetts will more than likely apply for a stay on your claim once they receive the court's orders. I'd be inclined to second-guess them and send the court the template in post 2 (worded so that it's clear you're making the request to prevent a stay being applied). It can't hurt!
Sorry - my computer 'froze' for a while. Must have been the realisation that you're a City fan!!!!
Do the N244 and N1 again - (copy the amendments you already have and use the thread I gave you above for guidance). Check with the court as I don't think you have to pay £35 to amend the claim if the directions to do so have come from the court. To request 'no stay' on your claim, copy and paste template 2 onto a word document - realign/complete with your own details and submit to the court for them to consider just in case cobbetts ask for the stay.
Help messed up on spreadsheet
I've been looking on the forum to see if anyone else has done the same, but can't find anything. Hope you can help.
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Originally Posted by divagirl
